SUPPORTERS HOPEFUL TAUZIN-DINGELL HAS CHANCE IN SENATE
Supporters of Tauzin-Dingell data deregulation bill (HR- 1542) are maintaining their optimism about Senate approval of legislation, which House passed by 273-157 vote Wed. (CD Feb 28 p1). Despite vocal opposition from Senate Commerce Committee Chmn. Hollings (D-S.C.), who holds primary key to Senate review of bill, House Commerce Committee Chmn. Tauzin (R-La.) and ranking minority member Dingell (D-Mich.) celebrated controversial bill’s passage by expressing confidence that Senate skeptics would change their tune. Tauzin acknowledged battle lay ahead, but said significant House support of bill in addition to pressure from public would convince Senate “to give it a shot.” Tauzin-Dingell opponents and industry observers see things differently, predicting such support won’t materialize in other body. They also said if HR-1542 were brought up in Senate by attaching it to unrelated bill, there weren’t enough Senate supporters to block filibuster and prevent its death.
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Former Senate staffer said that in addition to Hollings’ unrelenting personal rejection of Tauzin-Dingell, there was no Senate rule that obligated him to consider it, as in case of an appropriations bill. Remaining alternative is for Senate proponent of HR-1542 to use another bill as vehicle, he said. Although attaching it to other legislation is procedurally possible, HR-1542 or its equivalent almost certainly would face filibuster, former House Judiciary Committee counsel Julian Epstein said. Cloture (breaking the filibuster) would require 60 votes, he said: “They'll never get 60 votes.”
SBC Congressional Affairs Vp Timothy McKlone rejected predictions Tauzin-Dingell was dead on arrival in Senate. He said in news conference Thurs. that “there is increasing bipartisan interest in the Senate,” evidenced by support expressed by Senate Communications Subcommittee ranking member Conrad Burns (R-Mont.) and Sens. Craig (R-Ida.) and Smith (R-Ore.). Introduction of other broadband-related bills by Sens. Rockefeller (D-W.Va.) and Clinton (D-N.Y.) is additional evidence broadband deregulation is gaining momentum in Senate, McKlone said.
Burns had advocated Senate consideration of HR-1542 and said Thurs. at USTA policy conference in Washington that HR- 1542 “deserves a hearing and it deserves passage this year,” statement that Burns spokesman later retracted. Burns praised Tauzin and Dingell for being “tenacious in passing legislation that has merit.” He told us afterward that he intended to review bill in greater detail before taking formal position on whether to support Senate passage. He said he would talk first with Hollings to confirm whether he intended to bring up bill.
Although spokesman said Burns hadn’t taken stance on whether to support Tauzin-Dingell -- if indeed it ever got on Senate calendar -- Burns nevertheless expressed faith that bill could bring benefits of broadband communications to rural areas: “It will allow you folks to deploy [broadband infrastructure], and to use your imagination and to build… The bottom line is broadband.”
Following House passage of HR-1542, Craig said he would work toward bill’s passage in Senate: “FCC Chairman Michael Powell has stated on many occasions that broadband must be deployed in a minimally regulated environment. I could not agree more… I call upon my Senate colleagues not to let this important bill become one… that Majority Leader Daschle [D-S.D.] refuses to allow the Senate to consider.” Smith said: “Although I have not taken a position on the legislation, I commend the House for addressing such a complex issue and look forward to taking this critical step in the Senate.” Sen. Brownback (R-Kan.) praised House passage of HR-1542 and said that “broadband deployment continues to be an issue that absolutely must be faced by this Congress.” He urged Daschle to consider broadband deregulation as means of developing national broadband policy, which Daschle called for late last year: “Now that broadband deregulation legislation has passed the House, it is time for the Senate to act… It has been suggested that broadband deregulation is dead in the Senate. I will not accept such an outcome.”
McCain rejected reports he had changed his position against Tauzin-Dingell. Spokeswoman said: “He believes it could raise rates for consumers. When it comes to regulation, you need to be even-handed.”